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(영문) 수원지방법원성남지원 2012.04.18 2011가합3813
부당이득금반환등
Text

1. The Defendant’s KRW 1,054,43,00 among the Plaintiff and KRW 1,00,000 among them, shall be KRW 54,43,000 from March 29, 201, and KRW 54,43,00.

Reasons

1. The following facts are not disputed between the parties, or are recognized by comprehensively taking account of the overall purport of the pleadings as follows: Gap evidence, Gap evidence Nos. 1, 2, 6, 7, 11, Eul evidence Nos. 13 through 15, Eul evidence Nos. 2, 3, 7 (including various numbers):

A. On November 15, 2007, the Plaintiff obtained approval of the housing construction project plan from the Leecheon-si, 203-1 and 56 lots of land (hereinafter “project target area”) pursuant to Article 16 of the Housing Act. At the time, the Plaintiff secured the title of the road owned by the Defendant before the commencement of the construction, submitted the application for purchase after abolition of the construction, and ② obtain the designation of the project implementer under Article 86 of the National Land Planning and Utilization Act and the authorization of the implementation plan under Article 88 with respect to the urban planning facilities within the project target area.

B. On January 3, 2008, the Plaintiff filed an application for disuse and purchase with respect to the land owned by the Defendant, which is used as a road among the land owned by the Defendant, located in the land subject to the project, the Plaintiff applied for the disuse and purchase of the land, 61-12, and 8.

On January 7, 2008, the above land was abolished from administrative property to general property in accordance with Article 11 of the Public Property and Commodity Management Act.

C. On August 31, 2009, the Plaintiff applied for the authorization of urban planning facilities to the head of the Leecheon-si City City City Mayor on August 31, 2009, and obtained the authorization of urban planning facilities project from the head of the Dongcheon-si City City City as an implementer of the urban planning facilities project pursuant to Articles 86 and 88 of the National Land Planning and Utilization Act with respect to the construction of urban planning facilities (small-ro 2-187, middle-ro 1-15, small-ro 102, small-ro 3-136).

On January 19, 2010, the Plaintiff filed an application with the Defendant for purchase of the said land, 61-12, and 8 parcels, Echeon-si, Echeon-si, and Echeon-si, notified the Plaintiff of the estimated price of the said land at KRW 1,456,405,70 on February 17, 2010.

The plaintiff on March 29, 2010.

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